Legal Question in Wills and Trusts in California
My family owns Indian trust land and a neighboring rancher has been intentionally illegally grazing his cattle on the property for 20 years, We have been in a constant feud with the rancher. Recently he left his ranch to his son who has come to us stating he wanted to make right for his fathers wrongs and work out a new legal contract to continue grazing. He has offered a few chords of firewood, and 1500 cash. We feel this is a slap in the face. what can we do?
2 Answers from Attorneys
I presume you're in Calaveras County. I know for certain Miwok Tribe land was bought by the US in 1916 as a reservation. There are 2 other tribes up there, Tuolumne Band and I think another. I would presume the US Government also bought that land for Indians and acts as trustee to protect it. Hence why its called Indian Trust Land. The US holds it in trust for Indians.
Since the US Government is the trustee contact the Bureau of Indian Affairs. They have the duty to protect that land and make agreements for anyone to use it. That ought to stop this farmer coming onto the land.
I agree with Mr. Kubler. There should be someone at the Bureau of Indian Affairs who would know whether or not grazing permits had been granted. If not, they should be able to get it shut down and get some compensation.
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